Last Updated: Friday, 15 December 2017, 16:28 GMT

Indonesia: Caning of gay men an outrageous act of cruelty

Publisher Amnesty International
Publication Date 23 May 2017
Cite as Amnesty International, Indonesia: Caning of gay men an outrageous act of cruelty, 23 May 2017, available at: http://www.refworld.org/docid/5924482a4.html [accessed 18 December 2017]
DisclaimerThis is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States.

Responding to news that two men have been caned 83 times each for having sex with each other in Indonesia's Aceh province, Amnesty International's Deputy Director for Southeast Asia and the Pacific, Josef Benedict, said:

"This sickening spectacle, carried out in front of more than a thousand jeering spectators, is an act of utmost cruelty. These two men had their privacy forcefully invaded when they were ambushed inside their own home, and their 'punishment' today was designed to humiliate as well as physically injure them.

"The authorities in Aceh and Indonesia must immediately repeal the law which imposes these punishments, which constitute cruel, inhuman and degrading treatment and may amount to torture.

"Flogging sentences and the criminalization of same sex relations are both flagrant violations of international human rights law. The international community must put pressure on Indonesia to create a safer environment for the LGBTI community before the situation deteriorates further. Nobody should be punished for consensual sex."

Background

The two men were arrested on 28 March 2017 and charged with consensual same-sex sexual relations (liwath) under the Aceh Islamic Criminal Code. They were sentenced to 85 strokes each by the Banda Aceh Shari'a Court on 17 May, but the number was reduced because they had spent two months in detention.

Shari'a bylaws have been in force in Aceh since the enactment of the province's Special Autonomy Law in 2001, and are enforced by Islamic courts.

This is the first time gay men have been caned under Shari'a law in the province.

Consensual same-sex relations are not treated as crimes under the Indonesian Criminal Code (KUHP).

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